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NIP letter missed /not received - Help?


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Hi there,

 

Hope somebody can help?

About a month ago/6 weeks? I was shocked to open a letter of intended prosecution, in relation to an alleged 'speeding offence' where I was caught on camera, doing 38 in a 30 zone.

 

I was also surprised, that the paperwork, indicated that this had been the third notification, that had been sent to me and they wanted me to identify myself as the driver and plea by post - giving a time scale of 14 days or so, to respond. Failing to do so would result on the matter proceeding in Court anyway etc

 

I gathered my thoughts and set about completing the relevant information and signing as required - returning promptly via post.

 

I gave the matter no further thought really. However, to my horror - I have received notice from the Court that it had been dealt with, in the absence of my submission /prosecution papers. They have fined me £811.00 for payment straight away and 6 points on my license.

 

I am mortified - I am in receipt of welfare/disability benefits and cannot afford to pay this money to the Court.

 

Is there anything I may be able to do to rectify this situation, maybe write to the Court that have issued these penalties and explain circumstances and events - in the hope of their showing some leniency and perhaps amending the penalty and allowing me a reasonable time in which to pay this to the Courts?

 

I really don't know where to start? Any hints or suggestions would be most appreciated.

 

Many thanks in advance!?!?

 

:-x

:???:

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Hi everyone

Whilst I have used CAG on numerous occassions in the past, with amazing help and advice received - has been quite some time since active on this site.

I posted a urgent dilemma I have, in the motoring section /speeding offences, the other day and it has been met with absolutely no viewing or advice?

Have I done something wrong? I really don't know why this would be?

Anybody reading this, who may be able to put me right - I would really appreciate it.

My situation grows more urgent as the days pass and I am unable to take any action ( if any resolution to be found?) but would really appreciate knowing, either way?

Anyway - I just hope somebody reads this and can help me /advise why my thread being totally boycotted almost?

Many thanks in advance

Nadia Phillips

:???:

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Hello Fran.

 

No, you haven't done anything wrong. There are lot who can help you with this but they could be away for a few days or have some commitment that is keeping them away.

I know it's urgent, but I'm sure someone will be along as soon as they read your dilemma.

 

I've move your second post to your original to keep them all in the same place.

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What are the key dates (dates of "third letter", date you replied, date of court case)?

What were you fined for in the end? The speeding or failing to provide details of the driver at the time of the alleged speeding?

 

6 points sounds like the latter (as 38 in a 30 zone has a starting point of a band A fine (starting point 50% of relevant weekly income) and 3 points, while "failure to supply" is 6 points and a band C fine (starting point 150% of relevant weekly income).

For someone on benefits "relevant weekly income" is taken as £120/week, but if the court had no information they would have assumed £440/week !

 

So, your path is 2 fold :

1a) if it was you driving, and you were speeding, to see if you can get the case reheard, for the speeding alone, pleading guilty and aiming for a smaller fine and fewer points,

1b) if you were driving but deny speeding, See if your speeding case can be heard and plead not guilty

1c) if you can identify who else was driving .... Would they persue them (unlikely at this stage!)

 

If you can't get the case reheard, the next option is

2: accept being guilty of failure to identify the driver, but ask for the fine to be recalculated bearing in mind your means (aiming to get the fine [including costs & surcharge] down from £811 to somewhere closer to £211, and ask for time to pay it off weekly!

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Thank you - I assume to get case reheard, would require me writing to the Court to request this? I'd: explaining the situation

/ series of events etc? I would then go for option 1a - as I do think 6 points somewhat excessive?

I shall dig out the letter tomorrow and write to relevant Court ....... Thanks again. Nadia

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Just a side issue, but I would advise against signing your posts off with your full name (and would suggest you go back and edit to remove this info). Maybe not relevant to your current issue, but if it was in relation to a parking infringement on private land, you need to disconnect the driver from the registered keeper, and a private parking company may be able to identify you by reading the forum as a guest.

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